Equality Impact Assessment of the Draft Ulster Scots ... · The draft Ulster Scots Language Policy, which is attached at Appendix 1, sets out the background to the policy. It makes

Equality Impact Assessment

of the

Draft Ulster Scots Language

Policy

Please return all responses to the consultants by

Tuesday 31st May 2016 by post or email:

To: Mr Dominic McCanny

Interventus

82 Blackfort Road

Omagh

BT80 1PT

email: [email protected]

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Equality Impact Assessment (EQIA) of the Draft Ulster Scots Language Policy

EQIA Consultation Report

Contents

Page

1 Introduction 2

1.1 The EQIA Process 2

1.2 Mid Ulster District Council 3

1.3 Draft Ulster Scots Language Policy 3

1.4 Policy Guiding Principles 4

1.4 (a) Legal Background 5

1.4 (b) Language Legislation in UK and RoI 9

1.4 (c) DCAL Ulster Scots Strategy for N I 10

1.4 (d) Policies of Other Councils in N I 11

1.4 (e) Pre Consultation Information Received 11

2 Analysis of Available Data and Research 14

2.1 Sources of information 14

2.2 Population statistics 14

2.3 Staff Data 14

2.4 Data on use of Ulster Scots Language by S75 Group 15

2.5 Previous consultations 19

3 Assessment of Impacts 21

3.1 Service Users 21

3.2 Council Staff 23

3.3 Summary 23

4 Consideration of Alternative Policies and Measures to Mitigate Adverse Impacts

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4.1 Implementing the Policy 25

4.2 Communicating the Policy 26

5 Consultation 27

5.1 Equality Scheme Consultees 27

5.2 General Public 27

5.3 Staff and Trade Unions 27

5.4 Elected Members 28

5.5 Confidentiality 28

6 Decision and Publication of the Results of the EQIA 29

7 Monitoring 30

Appendix 1: Draft Ulster Scots Language Policy

Appendix 2: Census Data on the Population of Mid Ulster District

Appendix 3: List of Consultees

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1. Introduction

Mid Ulster District Council (the Council) has developed a Draft Ulster Scots Language Policy. This Equality Impact Assessment (EQIA) considers the potential impacts of the proposed policy on the promotion of equality of opportunity and good relations and sets out initial conclusions and recommendations.

This introduction provides information on Section 75 of the Northern Ireland Act 1998 and the policy under consideration and explains why the EQIA is being undertaken.

1.1 The EQIA process The Council is committed to implementing the statutory duties under Section 75 of the Northern Ireland Act 1998. Section 75(1) requires any public authority, in carrying out its functions in Northern Ireland, to have due regard to the need to promote equality of opportunity:

o

between persons of different -

religious belief; o

o

o

o

o

political opinion;

racial group;

age;

marital status;

sexual orientation;

between men and women generally;

between persons with a disability and persons without; and

between persons with dependants and persons without.

Without prejudice to this obligation, Section 75(2) requires any public authority, in carrying out its functions, to have regard to the desirability of promoting good relations between people of different religious belief, political opinion or racial group.

Schedule 9 of the Act sets out the detailed procedure for implementing these duties including the carrying out of screening exercises and EQIAs. When undertaking an EQIA, the Council closely follows the guidance published by the Equality Commission for Northern Ireland (ECNI) which recommends that there should be seven stages in the process:

Stage 1: Definition of the aims of the policy Stage 2: Consideration of available data and research Stage 3: Assessment of impacts Stage 4: Consideration of:

measures which might mitigate any adverse impact; and

alternative policies which might better achieve the promotion of

equality of opportunity

Stage 5: Consultation

Stage 6: Decision by public authority and publication of report on results of the EQIA

Stage 7: Monitoring for adverse impact in the future and publication of the results of such monitoring.

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The Council has appointed consultants (Dominic McCanny and Thomas Porter of Interventus) to assist with the EQIA.

This report (referred to as the EQIA Consultation Report) has been written primarily to inform consultees during the formal consultation phase (Stage 5) and includes the findings of the first four stages of the process. When the consultation is complete, a further report (the EQIA Decision Report) will be prepared to assist the Council to make final decisions on the proposed Ulster Scots Language Policy. The EQIA Decision Report will take account of all comments received during the consultation period.

1.2 Mid Ulster District Council The Council was established on 1st April 2015 as part of the review of local government in Northern Ireland and has responsibility for the areas previously administered by:

Cookstown District Council; Dungannon and South Tyrone Borough Council; and Magherafelt District Council.

The new district council covers an area of 1714 km² and is responsible for a wide range of services to a population of more than 140,000, living in urban and rural communities.

The Council is currently developing new policies but is also continuing to implement policies established by the three previous councils. A draft Equality Scheme has been developed for the new Council setting out how it will implement the statutory duties under Section 75 of the Northern Ireland Act 1998, but – at the time of writing this has not yet been approved by the ECNI1. The three previous councils all had approved Equality Schemes in place.

1.3 The Draft Ulster Scots Language Policy The draft Ulster Scots Language Policy, which is attached at Appendix 1, sets out the background to the policy. It makes it clear that the Council recognises that the Ulster Scots Language is an integral part of the linguistic heritage of the area.

1 At this time, and mindful of ongoing discussions with the Equality Commission, the Council will assess Good Relations on the following basis - Are there opportunities, without prejudice, to the equality of opportunity duty, to better promote good relations between Section 75 equality categories, through tackling prejudice and/ or promoting understanding? The EQIA has been drafted with this orientation in mind.

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The stated aim of the draft policy is as follows:

Operating within the spirit of the European Charter for Regional or Minority

Languages, and having due regard to the status afforded to Ulster-Scots within

that Charter, Mid Ulster District Council aims to take positive action to promote

the use of Ulster-Scots language in the District and within the Council.

The associated policy objectives are:

To facilitate and encourage the use of Ulster-Scots language in both speech and

writing within the District and Council;

To promote a range of initiatives that will reduce intolerance and promote

understanding of Ulster-Scots language across the District and within the

Council;

To recognise and celebrate Ulster-Scots language within the broader context of

linguistic diversity across the District and Council; and

To maintain and develop links between groups using Ulster-Scots language,

with other groups using Ulster-Scots language and/or Irish language.

1.4 Policy Guiding Principles

The Mid Ulster District Council Ulster-Scots Language Policy is based on the requirements of Part II of the European Charter for Regional or Minority Languages (included in Appendix II). The policy presents a number of guiding principles from which the Council will implement a range of positive actions to promote, enhance and protect the Ulster-Scots language whilst encouraging its use in speech and writing in private and public life. Specific measures for implementation relating to each guiding principle are included in Appendix I.

1. Guiding Principle 1: Support for the Ulster-Scots Language

Mid Ulster District Council is committed to the protection and encouragement of the

Ulster-Scots language. The Council recognises that there is a need for the Council to

promote Ulster-Scots in order to help safeguard it.

2. Guiding Principle 2: Publications

With regard to Council publications, written/printed materials produced by Mid Ulster

District Council for public consumption will include Ulster-Scots language where

appropriate. Council literature will be used to raise awareness of the Ulster Scots

language. Newsletters will contain articles on the Ulster-Scots language where

appropriate.

3. Guiding Principle 3: Publicity

Mid Ulster District Council will encourage and support radio, TV and video work that

broadcast in English and Ulster-Scots format.

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4. Guiding Principle 4: Correspondence

Mid Ulster District Council will ensure that users of Ulster-Scots language may submit

oral or written communications in Ulster-Scots language. Mid Ulster District Council will

correspond in the chosen language of the recipient, where this choice is known.

5. Guiding Principle 5: Presentations / Public Speaking / Events

Mid Ulster District Council will ensure that in planning its presentations, events and

festivals that appropriate allowance is made for incorporating the knowledge and use of

the Ulster-Scots language.

6. Guiding Principle 6: Staff and Administrative Practices

Mid Ulster District Council will train Council officers in the detail of this policy so that

they will be able to respond appropriately to enquiries in Ulster-Scots language.

7. Guiding Principle 7: Visibility of Ulster-Scots

Mid Ulster District Council will enhance the visibility of Ulster-Scots language and foster

different means of accessing the language.

1.4 (a) Legal background There is a range of international and domestic legal obligations and standards that can be applied to the use of minority languages. These are summarized below for ease of reference.

Belfast (Good Friday) Agreement 1998 The Agreement was made with the endorsement of the participants in the multi-party negotiations to set out a plan for devolved government in Northern Ireland on a stable and inclusive basis. In Strand Three of the Agreement (‘Rights, Safeguards and Equality of Opportunity’) the following commitments were given in relation to ‘Economic Social and Cultural Issues’: All participants recognise the importance of respect, understanding and tolerance in relation to linguistic diversity, including in Northern Ireland the Irish language, Ulster-Scots and the languages of the various ethnic communities, all of which are a part of the cultural wealth of the Island of Ireland.

The Joint Declaration 2003 In 2003 the British and Irish Governments released a Joint Declaration as part of a move towards the re-establishment of devolution. The British Government specified that they intended to deliver and expand on the commitments given to Ulster Scots within the Belfast Agreement: The British Government… will also take steps to encourage support to be made available for an Ulster-Scots academy.

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Northern Ireland (St Andrews Agreement) Act 2006 and The Northern Ireland Act 1998 Following the 2006 Agreement at St Andrews the British Government passed legislation at Westminster to amend the NI Act 1998 to build on the commitment under Rights, Safeguards and Equality of Opportunity. Section 28D of this Act includes the following: The Executive Committee shall adopt a Strategy setting out how it proposes to enhance and develop the Ulster Scots language, heritage and culture.

Programme for Government 2011-2015 In its Programme for Government 2011-15, published on 12 March 2012, the Executive recognised the importance of local people setting priorities for the future and seizing the opportunity offered by devolution to build a shared and better future for all. This was reinforced under Priority 4 of ‘Building a Strong and Shared Community’, which focuses among other things on building relationships between communities and unlocking the potential of the culture sector as an instrument for positive change. A Strategy for the Ulster-Scots language, heritage and culture as a key building block to deliver against Priority 4 was included in the Programme for Government 2011-2015. European Charter for Regional and Minority Languages In the United Kingdom the following languages are protected under the European Charter: Ulster Scots Part II Article 7 Cornish Part II Article 7 Manx Gaelic Part II Article 7 Scots Part II Article 7 Irish Part II Article 7 & Part III (Articles 8 – 14) Scottish Gaelic Part II Article 7 & Part III (Articles 8 – 14) Welsh Part II Article 7 & Part III (Articles 8 – 14)

The European Charter for Regional or Minority Languages (the Charter) is an international convention designed to protect and promote regional and minority languages as a threatened aspect of Europe’s cultural heritage. For this reason, as well as containing a non-discrimination clause that concerns the use of these languages, it also provides for measures that offer active support for them. “Only in this way can such languages be compensated, where necessary, for unfavourable conditions in the past and preserved and developed as a living facet of Europe’s cultural identity”. The Charter promotes a multi-cultural approach to the languages it protects. Its aims, which influence this Strategy, are to create a culture where regional and minority languages can flourish alongside each other and along with the majority language of the state. Its overriding purpose is to protect and promote regional or minority languages as a threatened aspect of Europe’s cultural heritage. The UK Government ratified the European Charter in March 2001 and undertook to protect and promote Ulster Scots. The Ulster-Scots language has Part II status, which sets out objectives and principles on which policies, legislation and practice should be

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based. These objectives and principles are considered to constitute the necessary framework for the preservation of regional or minority languages. They fall under six main headings:

Recognition of regional or minority languages (Article 7, paragraph 1.a)

Respect for the geographical area of each regional or minority language (Article 7, paragraph 1.b)

Need for positive action for the benefit of regional or minority languages (Article 7, paragraphs 1.c and 1.d)

Relations between groups speaking a regional or minority language (Article 7, paragraphs 1.e and 1.i)

Guarantee of the teaching and study of regional or minority languages (Article 7, paragraphs 1.f and 1.h)

Facilities afforded to non-speakers of regional or minority languages to acquire a knowledge of them (Article 7, paragraph 1.g)

Part II of the Charter covers the elimination of discrimination against regional or minority languages (Article 7, paragraph 2). It states that the prevention of discrimination in respect of the use of these languages constitutes a minimum guarantee for the speakers of such languages. Therefore, measures that discourage the use or endanger the maintenance or development of a regional or minority language should be eliminated. The Charter accepts that positive measures may be necessary in order to preserve and promote such languages. Article 7, paragraph 3 deals with promotion of mutual respect and understanding between linguistic groups. Respect for regional or minority languages and the development of a spirit of tolerance towards them are part of a general concern to develop understanding for a situation of language plurality within a state. The development of this spirit of tolerance and receptiveness through the educational system and the media is an important factor in the practical preservation of regional or minority languages.

United Nations Convention on the Rights of the Child The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children. The UK Government ratified the Convention in 1991 and is bound to it by international law. Articles 29, 30 and 31, in particular, which deal with the goals of education; children of minorities/indigenous groups; and leisure, play and culture, are of significance to Ulster Scots. These articles state that:

children’s education shall be directed to the development of respect for their own cultural identity, language and values and that of others;

children have the right to enjoy their culture, practise their religion use their own language; and

children have the right to join in a wide range of cultural activities, the opportunities for which shall be appropriate and equal.

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United Nations Convention for the Safeguarding of the Intangible Cultural Heritage The 2003 UN Convention for the Safeguarding of the Intangible Cultural Heritage recognises the vital role of language in the expression and transmission of living heritage. All intangible cultural heritage depends on language for its day-to-day vitality and for being passed on to the next generation. In relation to oral traditions, whether it is song, poetry or folklore, language is not only the vehicle that contains the cultural heritage it is its very essence. United Nations Educational Scientific and Cultural Organisation (UNESCO) Language Vitality Assessment As well as analysing the situation of languages under pressure the world over, the UNESCO Ad Hoc Expert Group on Endangered Languages has developed a Framework for determining the vitality of a language in order to assist Governments and others in policy development, identification of needs and appropriate safeguarding measures. The Framework, is based on nine criteria.

European Framework Convention for the Protection of National Minorities The broad aims of the Framework Convention, which entered into force in 1998, are to ensure that the signatory states, which include the UK, protect national minorities and the rights and freedom of persons belonging to those minorities. The Framework includes articles about respect and understanding for cultural and linguistic identity.

EU Charter of Fundamental Rights The EU Charter provides simply that, ’the Union shall respect cultural, religious and linguistic diversity’. The EU Charter has been incorporated into domestic law.

European Convention on Human Rights (ECHR) The ECHR and the general case law of the European Court of Human Rights in Strasbourg place a general obligation on the state to respect linguistic pluralism and minority rights. The ECHR has also been incorporated into domestic law.

Local Government (Miscellaneous Provisions) (NI) Order 1995 The Council has a statutory power under Article 11 of the Order to erect nameplates expressing street names in English and any other language. When exercising this power, the Council must have regard to any views on the matter expressed by the occupiers of premises in that street. Fair Employment and Treatment (NI) Order 1998: Article 19, places a requirement on employers in Northern Ireland to maintain a good and harmonious working environment. The Fair Employment Code of Practice provides guidance for employers on the promotion of such an environment. At Section 5.2 it states that, ‘To promote equality of opportunity you should….promote a good and harmonious working environment and atmosphere in which no worker feels under threat or intimidated because of his or her religious belief or political opinion.’

OFMDFM Together: Building a Shared Community 2013 In May 2013, the Office of the First Minister and Deputy First Minister (OFMDFM) produced a good relations / shared future strategy document which contains a number

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of commitments to help improve community relations and build a united and shared society in Northern Ireland. Of particular note, the strategy contains a shared aim to, ‘Create a community which promotes mutual respect and understanding, is strengthened by its diversity and where cultural expression is celebrated and embraced’. To further this aim, the strategy requires each district council to put in place a District Council Good Relations Programme and an associated Action Plan. Equality Commission (NI) Guidance on Promoting a Good and Harmonious Working Environment 2010 – Extracts Taken From the Document

“A good and harmonious working environment is one where all workers are treated with dignity and respect, and where no worker is subjected to harassment by conduct that is related to religious belief or political opinion. Again the same principles will apply with regard to the promotion of a good and harmonious working environment on grounds of race, gender, disability, sexual orientation and age. Commonsense dictates that what will define a good and harmonious working environment may change over time and place.” “While the Commission recognises that some employers will still choose to promote their workplace environment as a “neutral” space, it is important to recognise that the two concepts ”harmonious” and “neutral” are not inextricably linked. In other words an “harmonious” working environment does not necessarily need to be a “neutral” one.” “The use of languages other than English, for example in corporate logos and communications, will not, in general, constitute an infringement of a good and harmonious working environment. However in keeping with other elements of this guidance, decisions on this must rest with the employer and should be based on relevant policies and procedures that are proportionate, reasonable and appropriate to the context in which the organisation operates. They should also be compliant with the requirement and principles of equality of opportunity. Such decisions may also be affected by the terms of the European Charter for Regional or Minority Languages.” 1.4 (b) Language legislation in the UK and RoI Language legislation is already in effect in Wales, Scotland and the Republic of Ireland. This is summarised below.

Wales The Welsh Language Act 1993 established the principle that, in the conduct of public business and the administration of justice in Wales, the Welsh and English Languages should be treated on the basis of equality.

Scotland

The Gaelic Language (Scotland) Act 2005 established the status of the Gaelic language as an official language of Scotland, commanding equal respect with the English language.

Republic of Ireland The Irish Constitution establishes that the Irish Language is to be regarded as the first official language, while the Official Languages Act 2003 provided the public with the right to conduct business with the state solely through Irish. The Act requires the

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preparation by public authorities of Irish Language Schemes, specifying which services will be provided exclusively in Irish, exclusively in English and through the medium of both languages.

1.4 (c) DCAL Ulster Scots Strategy for Northern Ireland The Department of Culture, Arts and Leisure (DCAL) has recently published a Strategy to Enhance and Protect the Development of the Ulster Scots Language over the period 2015-2035. In its Programme for Government 2011-2015, the Northern Ireland Executive (the Executive) has included a Strategy for the Ulster-Scots language, heritage and culture as a key building block under Priority 4 ‘Building a Strong and Shared Community’. This follows agreements between the British and Irish Governments, which led to the Northern Ireland (NI) Act 1998 being amended in 2006 to include a requirement for the Executive to “adopt a Strategy setting out how it proposes to enhance and develop the Ulster Scots

Aims of the Strategy

In striving to realise and deliver upon the Priority 4 of the Executive’s Programme for Government 2011-2015 and the philosophy set out in the European Charter for Regional or Minority Languages the Strategy will aim to: Aim 1: Promote and safeguard the status of, and respect for, the Ulster-Scots language, heritage and culture. Objective 1: To increase respect for the Ulster-Scots language, heritage and culture. Objective 2: To improve awareness and recognition of the Ulster-Scots language, heritage and culture at home and abroad. Objective 3: To develop Ulster Scots as a living language in line with the European Charter for Regional or Minority Languages. Objective 4: To meet the Ulster-Scots language, heritage and cultural duties of the European Framework Convention for the Protection of National Minorities and the United Nations Convention on the Rights of the Child. Objective 5: To provide sustainable and quality educational provision relating to all aspects of the Ulster-Scots language, heritage and culture. Aim 2: Build up the sustainability, capacity and infrastructure of the Ulster-Scots community. Objective 6: To increase the sustainable capacity of the Ulster-Scots community sector by promoting cultural and heritage based tourism. Objective 7: To establish an Ulster-Scots Academy. Objective 8: To maximise the economic and social benefits of the Ulster-Scots language, heritage and culture. Aim 3: Foster an inclusive, wider understanding of the Ulster-Scots language, heritage and culture in a way that will contribute towards building a strong and shared community. Objective 9: To commission quality research in Ulster-Scots language, heritage and culture. Objective 10: To increase the amount and quality of Ulster-Scots media provision, particularly television broadcasting and online material.

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Objective 11: To increase positive cross-community attitudes towards, and a wider understanding of, the Ulster-Scots language, heritage and culture.

Objectives of the Strategy

In order to accomplish these aims, the following objectives have been set:

To increase respect for the Ulster-Scots language, heritage and culture.

To improve awareness and recognition of the Ulster-Scots language, heritage and culture at home and abroad.

To develop Ulster Scots as a living language in line with the European Charter for Regional or Minority Languages.

To meet the Ulster-Scots language, heritage and cultural duties of the European Framework Convention for the Protection of National Minorities and the United Nations Convention on the Rights of the Child.

To provide sustainable and quality educational provision relating to all aspects of the Ulster-Scots language, heritage and culture.

To increase the sustainable capacity of the Ulster-Scots community sector by promoting cultural and heritage based tourism.

To establish an Ulster-Scots Academy.

To maximise the economic and social benefits of the Ulster-Scots language, heritage and culture.

To commission quality research in Ulster-Scots language, heritage and culture.

To increase the amount and quality of Ulster-Scots media provision, particularly television broadcasting and online material.

To increase positive cross-community attitudes towards, and a wider understanding of, the Ulster-Scots language, heritage and culture.

1.4 (d) Policies of other councils in Northern Ireland

Of the 11 new councils established on 1st April 2015, only Derry City and Strabane District Council has an Ulster Scots Language Policy. Fermanagh and Omagh District Council are currently consulting on a ‘Draft’ Ulster Scots Policy.

Derry City and Strabane District Council: The Council adopted a policy for Ulster-Scots in September 2014. It includes a Courtesy Code for employees, designed to help staff deal appropriately with enquiries in Ulster-Scots. Fermanagh and Omagh District Council: The Council are currently consulting on their ‘Draft’ Ulster Scots Language Policy. Within the policy actions the Council will provide Ulster Scots language training for Elected representatives and all employees and to continue to deliver Bursaries, Grants, Good Relations Programmes, Civic Receptions for Ulster Scots Language initiatives, programmes and groups. 1.4 (e) Pre Consultation Information Received As part of seeking information on the use of Ulster Scots in Mid Ulster a range of stake holders were communicated with as part of the research into conducting this Equality Impact Assessment. The following responses were received:

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Arts Council of Northern Ireland: The following information was provided on what the Arts Council declare as Ulster Scots and relates to culture overall.

Finance Year name Type award LGD1992NAME LGD2014NAME

2011-2012 Maghera Musical Appreciation Society

Musical Instruments

£5,000.00 MAGHERAFELT Mid Ulster

2011-2012 William Kerr Memorial Pipe Band

Musical Instruments

£5,000.00 DUNGANNON Mid Ulster

2011-2012 Tamlaght O'Crilly Pipe Band

Musical Instruments


2011-2012 Matt Boyd Memorial Pomeroy Pipe Band

Musical Instruments

£4,176.00 COOKSTOWN Mid Ulster

2011-2012 Dunamoney Flute Band Musical Instruments


2011-2012 HOWARD MEMORIAL PIPE BAND

Musical Instruments


2011-2012 Magherafelt Highland & Country Dance Group

Small Grants Programme


2012-2013 Clogher & District Pipe Band

Musical Instruments


2012-2013 Stewartstown Amateur Flute Band

Musical Instruments


2012-2013 Derryfubble Accordion Band

Musical Instruments


2012-2013 Castledawson Flute Band Musical Instruments


2012-2013 Curlough Accordion Band Musical Instruments


2012-2013 Crimson Star Accordion Band

Musical Instruments


2012-2013 Bruces' True Blues Accordion Band

Musical Instruments


2012-2013 Aughintober Pipe Band Musical Instruments


2012-2013 Tamlaghtmore Silver Band Musical Instruments


2012-2013 Magherafelt Highland & Country Dance Group

Small Grants Programme


2013-2014 Cloughfin Pipe Band Musical Instruments


2013-2014 Annaghmore Star & Crown Flute Band

Musical Instruments


2013-2014 Ballyronan Accordion Band

Musical Instruments


2013-2014 Crilly Pipe Band Musical Instruments


2013-2014 Lislea Lambeg Drumming Club

Musical Instruments


2013-2014 Dungannon Silver Band Musical Instruments


2014-2015 Tullycoll Coronation Accordion Band

Musical Instruments


2014-2015 Ballynenagh True Blues Flute Band

Musical Instruments

£1,436.00 NA Mid Ulster

2014-2015 Sandholes Accordion Band Musical Instruments


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Ulster-Scots Community Network The Ulster-Scots language usage within Mid Ulster has yet to have proper primary research carried out on it, so, unfortunately, we do not have any specific language details which would assist. The government statistics and census information from which you will probably take information is flawed from our perspective, in that many people use Ulster-Scots on a daily basis without realizing it. Demographically the area has a strong Ulster-Scots element and that should be understood in order to comprehend the extent of the language usage; however, again, there is no primary research known to us which covers this complete geographical area. Some research has been done around the south Londonderry area by Dr Bill Macafee. Ulster-Scots is very much a spoken language, rather than a written one, but publication evidence of the language usage appears recently and historically; authors in the locality using Ulster-Scots, include Lydia Foster of Newmills, publishing in the 1930s and the recently published ‘From the Beagh to Maghera’ by James Armour, which includes a glossary of words. North South Ministerial Council This organisation holds no information.

Consultation Questions

Do you agree with the way in which the policy has been scoped and set out in this report?

Do you have any further comments about this section of the EQIA?

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2. Assessment of available data and research

The second step of the equality impact assessment process considers whether available data and research can provide an insight into the potential impacts of the proposed policy on people in the various groups within the nine Section 75 equality categories (the Section 75 groups).

2.1 Sources of information There is a range of published data and research which is relevant to this EQIA. The analysis below has been drawn from the following sources:

Population statistics The 2011 Census provides information on the population of Mid Ulster District by religion (or religion brought up in), ethnic group, age, gender, marital status, disability (or long-standing illness), household composition (including dependent children), provision of unpaid care, country of birth and perceived nationality. The results of the 2014 elections to the Council provide an indication of political opinion. There is no primary data on sexual orientation but the Rainbow Project estimates that, on the basis of national and international research, 1 in 10 people in Northern Ireland would not identify as being heterosexual.

Staff data District councils make an annual return to the ECNI on the composition of their staff by community background and gender. Mid Ulster District Council has not yet submitted its first return but information from the constituent councils is available.

Data on use of Ulster Scots Language The Census 2011 and combined figures for Mid Ulster in 2014 provides information on the number of people with some ability in Ulster Scots language. There is also information on the use of, Ulster Scots from the Continuous Household Surveys.

Previous consultations Only one council (Derry City) has carried out a consultation on an Ulster Scots language policy and the findings of this provides some insight into the potential impacts of the proposed policy.

2.2 Population statistics Statistics for the population of Mid Ulster District broken down by Section 75 groups is set out in full in Appendix 2. The population of the District on Census Day 2011 was 138,590 and the mid-year population estimate (2013) was 141, 329. According to the Census, approximately 64% of the population is from a Catholic community background and 33% from a Protestant community background.

2.3 Staff data Staff are a key stakeholder as they will all be affected by the policy in some way. Figures are available for the number of employees by community background:

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As at 1 April 2015 Cookstown Dungannon Magherafelt Total Employees perceived to be from the Protestant community

159 160 97 416 (44.9%)

Employees perceived to be from the Catholic community

150 214 117 481 (51.9%)

Employees whose community cannot be determined

8 20 2 30 (3.2%)

2.4 Data on use of Ulster Scots Language by S75 Category Religious Belief – Mid Ulster Census 2011

Ability Catholic Protestant and

Other Christian (including Christian

related)

Other religions, no religion and

religion not stated

Total

Some ability in Ulster-Scots

3% 13% 7% 6%

No ability in Ulster-Scots

97% 87% 93% 94%

The Continuous Household Survey (CHS) 2011/2012 found that there was a higher proportion of Protestants than Catholics who have knowledge of Ulster Scots (21% and 8% respectively. The 2012/2013 (CHS Survey) indicates that 22% of Protestant adults and 4% of Catholic adults had engaged with Ulster-Scots culture and traditions. The 2011 Census illustrates that almost 13% of Protestants and Other Christians had some ability in Ulster Scots compared to almost 3% of Catholics. Almost 7% of people of other religions or no religion also had some ability in Ulster Scots. Political Opinion The elections to Mid Ulster District Council in May 2014 indicated the following pattern of political opinion:

Party Votes cast % of total vote Seats gained

Sinn Féin 22,587 41.0 18

SDLP 7,600 13.8 6

DUP 9,723 17.6 8

UUP 9,573 17.4 7

Independent 2,689 4.9 1

TUV 2,380 4.3 0

Alliance 350 0.6 0

UKIP 195 0.4 0

No research has been conducted into the number of people who voted for each party on the basis of whether or not they have some or no ability in Ulster Scots. Neither are there any statistics available at the Mid Ulster District Council level.

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Racial Group Status for N Ireland Status Some Ability in Ulster Scots No Ability in Ulster Scots

White 8% 92%

Minority Ethnic Group

4%

96%

Information from N I Census 2011

Age – Mid Ulster Census 2011

Age Some ability in Ulster-Scots


Aged 3 to 24 19% 34%

Aged 25 to 44 26% 31%

Aged 45 to 64 34% 23%

Aged 65 and over

21% 13%

Statistics on Marital & Civil Partnership Status for N Ireland Status Some Ability in Ulster Scots No Ability in Ulster Scots

Single 7% 93%

Married 11% 89%

Separated 7% 93%

Divorced 10% 90%

Widowed 10% 90%


Men & Women – Mid Ulster Census 2011

Disability or Long Term Health Problems (Aged 3+) Status Some Ability in

Ulster Scots No Ability in Ulster Scots

Limited Day-to-Day Activities

10%

90%

Day-to-Day Activities Not Limited

8%

92%


Gender Some ability in Ulster-Scots


Males 54% 50%

Females 46% 50%

Combined Total

6% 94%

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Dependency Status for N Ireland Status Some Ability in

Ulster Scots No Ability in Ulster Scots

Households with no dependent children

11% 89%

Households with dependent children

7% 93%


Sexual Orientation Presently there are no statistics on the number of individuals in Northern Ireland in this category. However, based on international research and information from the Rainbow Coalition it is estimated that potentially 10% of the population are Gay / Lesbian / Bi-Sexual / Transgender with 90% being Heterosexual. There are no statistics in relation in this category on the number of people with some ability in Ulster Scots. General Statistics

The 2011/12 Continuous Household Survey (CHS) asked questions on knowledge of Ulster Scots. The CHS showed just over one in every seven (15%) of the population had some knowledge of Ulster Scots. Approximately one in seven (14%) could understand spoken Ulster Scots, while fewer people could speak, read or write Ulster Scots (4%, 4% and 1% respectively). A tenth (10%) of the population were interested in learning more about Ulster Scots.

The 2012/13 (CHS) asked questions in relation to engagement with and understanding and respect for Ulster-Scots culture and heritage by the adult population of NI. The CHS found that 7% of adults participated in Ulster-Scots cultural activities while 12% attended Ulster-Scots cultural events, resulting in 13% of adults having engaged with Ulster-Scots culture and heritage. The survey also showed that 8% of adults had a lot of understanding about Ulster-Scots culture and traditions; 28% had none at all. 35% of adults had a lot of respect for Ulster-Scots culture and traditions, while 12% had none at all.

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Continuous Household Survey 2011 – 2012 Statistics (N Ireland)

Categories

Current ability to understand, speak, read or write Ulster-Scots

Percentage (%) of respondents who can currently:

Understand, speak, read

or write Ulster

Scots

Understand spoken Ulster Scots

Speak Ulster Scots

Read Ulster Scots

Write Ulster Scots

Base

All 15 14 4 4 1 3,684

Male 16 15 5 4 1 1,607

Female 14 13 4 4 1 2,077

16-24 10 8 3 3 1 323

25-34 9 8 2 2 0 614

35-44 14 13 3 3 1 695

45-54 15 14 5 4 2 678

55-64 20 18 5 5 2 587

65 and over 24 21 9 7 3 787

Catholic 8 7 2 1 1 1,459

Protestant 21 19 7 6 2 1,874

Married / Cohabiting

16 15 5 4 2 2,186

Single 11 10 3 3 1 828

Widowed 18 16 5 5 2 320

Separated / Divorced

19 17 6 6 2 350

Have limiting longstanding illness

19 17 5 5 2 1,003

No limiting longstanding illness

14 12 4 4 1 2,680

Living in most deprived areas

10 9 3 3 1 709

Living in least deprived areas

15 14 3 3 1 698

Urban 12 11 3 3 1 2,334

Rural 20 18 7 5 2 1,339

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2.5 Previous consultations (a) Derry City District Council Derry City Council are the only Council that have conducted an Equality Impact Assessment (June 2008) on the introduction of an Ulster Scots Language Policy. Their findings indicated the following:

The policy was recognised as a positive step by Council towards promoting Ulster-Scots and recognising the protected status that Ulster-Scots has under the EU Charter for Regional or Minority Languages.

That the policy would impact positively on Ulster-Scots groups and organisations.

That a spectrum of different opinions exists in relation to Ulster-Scots

That the Council was still at an early stage in devising how best to support Ulster-Scots and Ulster-Scots speakers.

That the Council could benefit from increased engagement with Ulster-Scots speakers and/or organisations to ascertain what their requirements are in accessing information and services.

(b) Extracts f rom the Opinion expressed by the Equality Commission on DCAL’s 2012 Strategy for Ulster Scots Language, Heritage and Culture – Extracts from

“As the Commission does not have direct jurisdiction on language issues, our response should be viewed within the context of the Commission’s remit in relation to anti-discrimination legislation (including the Fair Employment and Treatment Order - FETO) and Section 75 of the Northern Ireland Act 1998. The Commission recognises that minority language speakers are entitled to protection of their internationally recognised rights including those set out in the Council of Europe Charter for Regional and Minority Languages and the Framework Convention for the Protection of the Rights of National Minorities). We also acknowledge the references to language rights in the Belfast Agreement (1998), the Joint Declaration (2003) and the St. Andrews Agreement (2006). The UK Government ratified the European Charter for Regional or Minority Languages in 2001, recognising obligations to protect and promote the Ulster Scots language, which has been accorded Part 2 status under the Charter which sets out objectives and principles in relation to regional and minority languages. Following the St Andrews Agreement, the Northern Ireland Act 1998 was amended to include a provision (Section 28D) that the Executive Committee shall adopt strategies to enhance and protect the development of the Irish language and to enhance and develop the Ulster Scots language, heritage and culture. The Commission understands that the Council of Europe’s Committee of Ministers has recommended that the UK strengthen efforts to improve the position of Ulster Scots (Council of Europe, Recommendations of the Committee of Ministers RecChL (2007)2, adopted 14 March 2007, recommendation 6). Furthermore, the Committee of Ministers, in relation to its 2008 conclusions further to the UK’s examination under the Framework Convention for National Minorities, also called for “further support… for the Ulster Scots language, culture and heritage” (Council of Europe, Committee of Ministers Resolution CM/ResCMN (2008)7, adopted 9 July 2008, p 2). The Convention’s

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Advisory Committee had urged the Executive to adopt strategies “in accordance with the commitment expressed in the 2006 St Andrews Agreement” for Irish and Ulster-Scots “at the earliest opportunity” (Council of Europe, Advisory Committee on the Framework Convention, Second Opinion on the United Kingdom, ACFC/OP/II(2007)003, adopted 6 June 2007, para 190). The Commission therefore welcomes the publication of this draft Strategy and that issued in parallel for the Irish language, taken forward as part of the Northern Ireland Executive’s commitment under the Programme for Government 2011-15 to deliver against the priority of ‘Building a Strong and Shared Community’. The Commission considers that the use of any language should be a neutral act and that the speaking of Ulster Scots or its more general use in the community should not diminish the entitlements of those whose right to their Irish identity is guaranteed in the Good Friday Agreement. Similarly, the Commission considers that the wider use of Irish should not in any way diminish the entitlements of those whose right to their Ulster Scots identity is similarly guaranteed. The speaking of any language in Northern Ireland should not be perceived as a threat to any individual or group, nor should it be intended in such a manner.”


Do you agree with the way in which relevant information has been analysed and set out in this report?


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3. Assessment of impacts

The next stage of the EQIA process is to assess whether the proposed policy may have a differential impact on people in each of the Section 75 categories and determine the extent of differential impact and whether that impact is adverse. Differential impact suggests that a particular Section 75 group will be affected differently by the policy (either favourably or unfavourably), while adverse impact is an indication that the effect will be less favourable (i.e. negative) and potentially unlawful. (Practical Guidance on Equality Impact Assessment, Equality Commission for NI, 2004 (pp.22-23) The analysis above has been used to determine whether there are particular Section 75 groups that may be differentially affected by the proposed policy. With regard to the current policy, it is likely that the adverse impacts identified will relate primarily to two Section 75 grounds, religious belief and/or political opinion. By implementing the policy it is not considered likely that there will be potential adverse impacts on people by reason of their age, marital status, sexual orientation, disability, race or ethnic origin, gender, or because they have or do not have dependants. To determine potential adverse effects, it may be useful to draw a distinction between those who access the goods, facilities and services that the Council provides (Service Users) and those Council staff who must implement the policy (Council Staff). The Council will also assess Good Relations on the basis of whether there are opportunities, without prejudice, to the equality of opportunity duty, to better promote good relations between Section 75 equality categories, through tackling prejudice and/ or promoting understanding? 3.1 Service Users The policy is specifically designed to facilitate and encourage the use of Ulster-Scots language in both speech and writing within the District and Council; to promote a range of initiatives that will reduce intolerance and promote understanding of Ulster-Scots language across the District and within the Council; and to recognise and celebrate Ulster-Scots language within the broader context of linguistic diversity across the District and Council; and to maintain and develop links between groups using Ulster-Scots language, with other groups using Ulster-Scots language and/or Irish language. The positive action measures proposed within the policy will afford greater access to the Ulster Scots Language in both its written and spoken forms.

Religion & Political Status From a Section 75 perspective, it is clear from the data analysis that the majority of those who will benefit most from the policy at this time (i.e. those with an existing ability in Ulster Scots) are from a Protestant community background, and these people tend to be older people. While people from these groups will benefit most from the introduction of the policy at this time, it can be argued that those with no ability in Ulster Scots will potentially benefit in the longer term from exposure to a new language. For those who choose to engage with the Council exclusively through the medium of Ulster Scots, it should be noted that the service will not be directly equivalent to that provided in English. For example, an individual telephoning the Council and wishing to

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speak in Ulster Scots will not be transferred to an Ulster Scots speaker. Hence there is no guarantee that the Council will be able to deliver a service of comparable quality to Ulster Scots speakers when the policy is implemented. Those who may feel disadvantaged by the introduction of the policy could include those with no ability in Ulster Scots, and these tend to be members of the Catholic and Nationalist communities. While the policy aspires to promote the Ulster Scots Language, it also embraces bilingualism. It has to be recognised that there may be a deterioration in the quality and timeliness of service delivery which would have a negative impact on all customers. For example:

• translations into Ulster Scots would take time and may slow down the delivery of services, e.g. responses to Freedom of Information requests, publication of documents, access to the website, length of meetings – this would impact negatively on all customers;

• the policy has cost implications to implement and this may impact on expenditure on other services thereby impacting negatively on all customers;

However, it should be noted that these adverse effects would impact on all users of Council services, irrespective of Section 75 status. More specific adverse effects relating to Section 75 grounds could attach to any ‘chill factor‘ that could be associated with the increased profile of Ulster Scots within the Council, which may discourage engagement with the Council and its facilities and services. While many supporters of the Ulster Scots Language would argue that its use is, and should be, apolitical and neutral, a counterargument is that the issue has been deliberately politicised. Whatever the merits of each argument, if this perception or sentiment is genuinely held then it cannot be ignored. Such a perception may impact on a person’s willingness to engage with the facilities and services which the Council provides and therefore have an adverse effect. Those who are most likely to experience an adverse effect are those from the Catholic and/or Nationalist communities. Age In Mid Ulster those people under 24 have less ability in Ulster Scots than older age groups. Therefore, the introduction of this policy may provide positive support for younger age groups to engage with the language. Men and Women In Mid Ulster, men have a greater ability in Ulster Scots, than women. Therefore there is an opportunity for women to engage with the language. The following statistics relate to N Ireland rather than Mid Ulster. It must be borne in mind that there are little statistics available due to the lack of primary research into the use of Ulster Scots in Mid Ulster specifically and more generally in N Ireland. Racial Group Minority Ethnic Groups have in percentage terms less ability in Ulster Scots than ‘White’ people. Many individuals from an Ethnic Minority group may already have another language as their first language. If they were encouraged to speak Ulster Scots they may be able to engage with the language due to their bilingualism.

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Disability of Long Term Health Problems (Aged 3+) People with limited day-to-day activities have a slightly greater ability in having some ability in Ulster Scots however, this differential is small. Marital & Civil Partnership Status Single and separated people have less ability in Ulster Scots when compared with married, divorced or widowed. This is potentially tied into the Age Category were young people (generally Single) under 24 are less likely than other age groups to have some ability in Ulster Scots. Dependency Status Adults in households with no dependent children have a greater ability in Ulster Scots compared to those households with dependent children. Good Relations It should be noted that the Council will promote a range of initiatives so as to reduce intolerance and promote understanding of Ulster Scots language across the District and within the Council. Therefore, the Council’s wish to introduce an Ulster Scots policy is to take positive action to promote the use of the language in the District and within the Council. It is the Council’s intention to provide Good Relations type activities so as to encourage positive interaction with both Irish and Ulster Scots from all sections of the community. 3.2 Council Staff Section 75(1) to promote equality of opportunity and Section 75(2) to promote good relations cannot be disregarded given its links with the anti-discrimination legislation generally. For example, under the Fair Employment and Treatment (NI) Order 1998 (FETO), the Council as an employer has a duty to maintain a good and harmonious working environment, that is, one in which no worker feels under threat or intimidated because of his or her religious belief or political opinion.

Whilst staff may broadly support linguistic diversity, there may be a perception among some staff that the promotion of the Ulster Scots Language has taken on a political dimension over and above the celebration of linguistic diversity. In previous consultations on an Irish Language Policy (specific to Magherafelt District Council) staff identified a number of concerns specific to the working environment. It may be that similar concerns will be expressed with the introduction of this Ulster Scots policy such as:

• fear of an increase in sectarian bullying if staff are able to say things about

others in a language they do not understand; • fear of losing their jobs if speaking Ulster Scots becomes an essential (or

desirable) criterion for their post; • fear of becoming isolated and disadvantaged if they choose not to participate

in the Ulster Scots Language learning and development programme. 3.3 Summary There is little concrete evidence to suggest that the introduction of the policy will necessarily cause either a deterioration in service delivery or harm to the good and

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harmonious nature of the working environment. At the same time it would be naïve to ignore the possibility that this may happen. The Council should therefore ensure that safeguards are put in place to ensure the smooth implementation of the policy through the establishment of a structured programme of awareness, communication and information. With these caveats in mind, while the proposed policy may have potential adverse differential impacts, it is argued that these are not inevitable but instead can be managed through a planned and staged process of implementation. This will ensure that the linguistic diversity of the area can be enhanced for the enrichment of society.


Do you agree with the way the adverse impacts have been analysed and set out in this report?


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4. Consideration of alternative policies and measures to mitigate adverse impacts

The EQIA process requires that, if it is decided that the policy has an adverse impact on one or more of the nine equality grounds then the Council must consider measures which may mitigate the adverse impact and alternative ways of delivering the policy aims which have a less adverse impact on the relevant equality category or which better promote equality of opportunity and good relations. (Practical Guidance on Equality

Impact Assessment, Equality Commission for NI, 2004 (pp.30-31).

The Council needs to consider whether there are any further measures that can be taken to prevent any of the potential negative consequences of the policy from occurring or reduce the level of impact if they do occur. These measures might be taken during the implementation of the policy or may involve agreeing additional actions outside of the policy. 4.1 Implementing the policy There are a number of practical issues that need to be addressed to ensure that the policy can be implemented without any deterioration in the timeliness and quality of service delivery, such as translation services. For example, there are some aspects of the draft policy which are subject to qualifying phrases such as ‘according to need and as resources allow‘, and ‘where possible and appropriate’ it will be necessary to determine the extent to which these elements will be implemented. There is also a need to ensure that the policy does not have an adverse impact on the promotion of a good and harmonious environment, either among Council staff or within the District as a whole. With reference to the potential adverse effects identified in the previous section, it should be noted that the draft policy already contains a number of provisions to alleviate potential concerns and thereby mitigate adverse effects:

• the Courtesy Code for Ulster Scots will make provision for employees who do not speak Ulster Scots but come in contact with a member of the public who wishes to speak Ulster Scots;

• translation services will be made available to employees who have no knowledge of Ulster Scots who are required to process internal documentation;

• fluency in the Ulster Scots Language will not be a requirement for any position that would not ordinarily justify the appointment of an Ulster Scots speaker.

Staff will be required to observe the Ulster Scots Courtesy Code and will be obliged to follow these guidelines

Attendance by staff at Ulster Scots language training will be optional

More generally, the Council commits to implementing the policy in a way which is sensitive to the identity of all those that it engages with, including residents, visitors and staff, and in a manner that celebrates linguistic diversity within the District. The Council also commits to the phased introduction of policies that have a bearing on other linguistic forms including other minority ethnic languages (e.g. Polish and

27

Lithuanian) and languages for those with sensory or cognitive disabilities (e.g. braille, sign language, easyread). 4.2 Communicating the policy As the previous section indicates, the proposed introduction of the policy may cause concerns among residents and staff. In order to allay these concerns, the Council may consider clarifying aspects of the policy and ensuring that it is communicated to all residents and staff in a way that ensures that the intentions are better understood and the need for the policy is fully established. The policy could be publicised through internal communication channels, press releases, newsletters, workshops and public meetings.


Do you agree with the way in which the measures to mitigate and preliminary recommendations have been drawn up and set out in this report?


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5. Consultation

The Council is committed to consultation which is timely, open and inclusive, and conducted in accordance with the Equality Commission’s Guiding Principles. The consultation period in respect of this EQIA will last for a minimum of twelve weeks to allow adequate time for groups to consult amongst themselves in order to form a view.

All consultation documents will be made available in hard copy and alternative formats on request on a timely basis. As much background information as possible has been included within this report. If there is any information which has not been provided, the Council will make every effort to do so on request. If any consultee has difficulty accessing the background information, the Council will consider providing summaries in other formats or explaining issues on a face to face basis.

5.1 Equality Scheme consultees The EQIA Consultation Report will be brought to the attention of everyone who may be affected by the policy and they will have the opportunity to comment on the preliminary findings and recommendations. The report will therefore be published on the Council’s website and the consultees normally consulted on Section 75 issues will be informed of its availability.

5.2 General public The public will be afforded every opportunity to comment and the consultants will develop a simple standard response form for publication on the website to assist consultees and to facilitate focused responses. This will invite consultees to comment on the assessment of impacts and potential mitigating measures set out in the report and will allow for the collection of some personal data about respondents (community background, gender and age). However, responses will be welcomed in any format.

5.3 Staff and Trade Unions Staff and Trade Unions are key stakeholders in relation to the proposed policy. Advance notice of the EQIA consultation will be given to all staff through the staff newsletter. At the start of the consultation process, a short paper will be circulated (via email and in hard copy format for those staff who do not have regular access to email) providing a brief description of the EQIA process and the issues under consideration. Staff will also be offered an opportunity to contact the consultants by email or telephone.

The consultants will be available to meet formally with Trade Union representatives, either at a scheduled or special meeting of the Joint Forum. Staff will also have an opportunity to meet with the consultants more informally, either individually or in small groups, on a strictly confidential basis. The consultants will be available to meet with staff on agreed dates published well in advance at Council offices and depots in Cookstown, Dungannon and Magherafelt.

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5.4 Elected Members

The Consultants will provide an opportunity to meet with Elected Members so that they may provide their views on this EQIA.

5.5 Confidentiality It is good practice to ensure that consultees have the opportunity to submit their views on a confidential basis, in order to encourage both a high level of response and a full and frank discussion of the issues. The consultants will therefore facilitate the submission of all responses direct to their offices or via email.


Do you agree with the way in which consultation is planned and set out in this report?


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6. Decision and publication of the results of the EQIA

At the end of the consultation period, a further report will be prepared (the EQIA Decision Report) incorporating the findings of the first four stages of the EQIA process (updated as necessary) and the results of the consultation and engagement process. The EQIA Decision Report will be submitted to the Council to assist them to make final decisions on the proposed Ulster Scots Language Policy. The Council’s decisions on the issues raised in the EQIA will be incorporated into a summary EQIA report which will set out the consideration given to the impact of alternative policies and mitigating actions.

The final EQIA summary report will be made available on the Council’s website. In addition, Equality Scheme consultees and those who responded to the consultation will be notified of the availability of the report. This will complete Stage 6 of the EQIA process.


Do you agree with the way in which the decision and publication procedures are set out in this report?


2

7. Monitoring

The final stage in the EQIA process is the establishment of a system to monitor the impact of the Ulster Scots Language Policy in order to find out its effect on Section 75 groups. The results of the monitoring must be reviewed on an annual basis and must be published in the Council’s annual Section 75 report to the Equality Commission. (Practical Guidance on Equality Impact Assessment, Equality Commission for

Northern Ireland (2004) p50) If the monitoring and analysis of results over a two year period show that the Ulster Scots Language Policy has resulted in greater adverse impact than predicted, or if opportunities arise which would allow for greater equality of opportunity and/or good relations to be promoted, the Council must ensure that the policy is revised to achieve better outcomes for the relevant equality groups.

The EQIA Decision Report will include further recommendations to ensure that the Ulster Scots Language Policy can be adequately monitored for adverse impact in the future and will also set out how the monitoring results will be published.


Do you agree with the way in which monitoring of the policy is planned and set out in this report?


Do you have any further comments about the EQIA Consultation Report in general, including its findings and recommendations?

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3

Appendix 1

DRAFT Mid Ulster District Council

Ulster-Scots Language Policy

DRAFT

Contents

Policy Aim and Objectives ............................................................................................... 5

Policy Aim .................................................................................................................... 5

Policy Objectives ......................................................................................................... 5

Policy Guiding Principles ................................................................................................. 5

Guiding Principle 1: Support for the Ulster-Scots Language ....................................... 6

Guiding Principle 2: Publications ................................................................................. 6

Guiding Principle 3: Publicity ....................................................................................... 6

Guiding Principle 4: Correspondence .......................................................................... 6

Guiding Principle 5: Presentations / Public Speaking / Events .................................... 7

Guiding Principle 6: Staff and Administrative Practices ............................................... 7

Guiding Principle 7: Visibility of Ulster-Scots ............................................................... 7

Appendix I – Guiding Principles Specific Measures for Implementation ......................... 8

Appendix II - Relevant Legislation and Guidance…………………………………………...8

2. Policy Aim and Objectives

Mid Ulster District Council recognises that we live in a multi-cultural and multi lingual society and

that Ulster-Scots language contributes to the linguistic, cultural and historical heritage of this area.

The 2011 Census indicates that 8,131 people (6.2%) out of a district population of 132,025 have

some knowledge of Ulster-Scots language. In particular 1,056 (0.8%) people could speak, read,

write and understand Ulster-Scots language.

As such the Council recognises that the proactive promotion of Ulster-Scots language, as well as

catering for the needs of its growing Ulster-Scots speaking population, can enhance the rich

linguistic nature of the area and add to the appeal of the area as a tourist destination. This policy

will facilitate and encourage the use of Ulster-Scots language in speech and writing, in private and

public life.

1. Policy Aim

Operating within the spirit of the European Charter for Regional or Minority Languages, and having

due regard to the status afforded to Ulster-Scots within that Charter, Mid Ulster District Council aims

to take positive action to promote the use of Ulster-Scots language in the District and within the

Council.

2. Policy Objectives

To facilitate and encourage the use of Ulster-Scots language in both speech and writing

within the District and Council;

To promote a range of initiatives that will reduce intolerance and promote understanding of

Ulster-Scots language across the District and within the Council; and

To recognise and celebrate Ulster-Scots language within the broader context of linguistic

diversity across the District and Council; and

To maintain and develop links between groups using Ulster-Scots language, with other

groups using Ulster-Scots language and/or Ulster Scots Language.

3. Policy Guiding Principles

The Mid Ulster District Council Ulster-Scots Language Policy is based on the requirements of Part II

of the European Charter for Regional or Minority Languages (included in Appendix II). The policy

presents a number of guiding principles from which the Council will implement a range of positive

actions to promote, enhance and protect the Ulster-Scots language whilst encouraging its use in

speech and writing in private and public life. Specific measures for implementation relating to each

guiding principle are included in Appendix I. The practical actions to be undertaken by the Council

have been shaped with the Fishman Model for reversing language shift in mind as adopted by the

Ulster Scots Agency.

1. Guiding Principle 1: Support for the Ulster-Scots Language

Mid Ulster District Council is committed to the protection and encouragement of the Ulster-Scots

language. The Council recognises that there is a need for the Council to promote Ulster-Scots in

order to help safeguard it.

To this end:

The Council will prepare a plan for the Mid Ulster Council area on how it will promote the

development and promotion of the Ulster-Scots language. The development plan will identify

opportunities to promote and learn the language; and

The Council, through implementation of the plan, will encourage better understanding of the

shared linguistic nature of Ulster-Scots language. It will also recognise the contribution that

the Ulster-Scots language can make to a vibrant society within Mid Ulster.

2. Guiding Principle 2: Publications

With regard to Council publications, written/printed materials produced by Mid Ulster District Council

for public consumption will include Ulster-Scots language where appropriate. Council literature will

be used to raise awareness of the Ulster Scots language. Newsletters will contain articles on the

Ulster-Scots language where appropriate.

To this end:

Design/publishing of material in the Ulster-Scots Language will be of an equal standard with

the same material in English.

Council literature will raise awareness of the Ulster-Scots Language where appropriate.

3. Guiding Principle 3: Publicity

Mid Ulster District Council will encourage and support radio, TV and video work that broadcast in English and Ulster-

Scots format.

To this end:

The Council will build relationships with the Ulster-Scots language media; and

Where possible and appropriate, media work carried out by Mid Ulster District Council will

contain English language and Ulster-Scots language elements.

4. Guiding Principle 4: Correspondence

Mid Ulster District Council will ensure that users of Ulster-Scots language may submit oral or written

communications in Ulster-Scots language. Mid Ulster District Council will correspond in the chosen

language of the recipient, where this choice is known.

To this end:

A Courtesy Code for Ulster-Scots will be developed.

Users of Ulster-Scots language may submit oral or written correspondence in Ulster-Scots

language to Mid Ulster District Council;

Any correspondence received in Ulster-Scots language will be responded to in Ulster-Scots

language; and

5. Guiding Principle 5: Presentations / Public Speaking / Events

Mid Ulster District Council will ensure that in planning its presentations, events and festivals that

appropriate allowance is made for incorporating the knowledge and use of the Ulster-Scots

language.

To this end Mid Ulster District Council will:

Ensure visual presentations on PowerPoint or other systems will incorporate Ulster-Scots

language where appropriate.

Where appropriate, incorporate the Ulster-Scots language within events, festivals and civic

celebrations.

6. Guiding Principle 6: Staff and Administrative Practices

Mid Ulster District Council will train Council officers in the detail of this policy so that they will be

able to respond appropriately to enquiries in Ulster-Scots language.


Offer appropriate awareness, training and guidance to staff; and

Provide translation services to staff.

7. Guiding Principle 7: Visibility of Ulster-Scots

Mid Ulster District Council will enhance the visibility of Ulster-Scots language and foster different

means of accessing the language.


Promote linkages between Ulster-Scots language and/or Ulster Scots Language groups

Permit the use of Council facilities for Ulster-Scots language sessions

Appendix 1 – Guiding Principles Specific Measures for Implementation

Timeframe relates to Year 1 – Year 4 of the first term of the Mid Ulster District Council.

Guiding Principle Measures for Implementation Timeline

Support for Ulster-

Scots Language

Prepare and implement plan on the

development and promotion of the

Ulster-Scots language.

Year 1 – Year 4

Publications

The format for English and Ulster-Scots

materials will be Ulster-Scots and

English, side-by-side, with both

languages of equal size.

Year 1 – Year 4

According to need and as resources

allow, Council literature will raise

awareness of the Ulster-Scots

Language where appropriate.

Year 1 – Year 4

Material aimed exclusively at users of

Ulster-Scots may be produced in Ulster-

Scots language only.

Year 1 – Year 4

Newsletters / bulletins will contain

articles on the Ulster-Scots language,

where appropriate.

Year 1 – Year 4

Design/ publishing of material in the

Ulster-Scots language will be of an

equal standard with the same material

in English.

Year 1 – Year 4

Publicity

Relationships with the Ulster-Scots

language media will be established.

Year 1 – Year 4

Where possible and appropriate, radio,

T.V. and video work carried out by

members of Mid Ulster District Council

will contain English and Ulster-Scots

elements. Employees will not be

excluded from radio, T.V. and video

work because of a lack of knowledge of

the Ulster-Scots language.

Year 1 – Year 4

Correspondence

In written communications of English

language and Ulster-Scots language

format, both languages will be placed

side-by-side, with the Ulster-Scots

language version on the left and the

English on the right, or if this is not

practicable, by placing the Ulster-Scots

language version above the English.

Year 1 – Year 4

Guiding Principle Measures for Implementation Timeline

Any correspondence received in Ulster-

Scots language will be responded to in

Ulster-Scots.

Year 1 – Year 4

All staff within each department will be

trained on the Courtesy Code for Ulster-

Scots language which will also make

provision for courtesy to employees of

the Council who do not speak Ulster-

Scots language but come in contact

with a member of the public who wishes

to communicate in Ulster-Scots

language.

Year 1

Presentations

/Events

Visual presentation on PowerPoint or

other systems will be English language

and incorporate Ulster-Scots language

where appropriate.

Year 1 – Year 4

Mid Ulster District Council will ensure

that festivals/ civic celebrations which

the Council organises or supports make

appropriate allowance for incorporating

the knowledge and use of the Ulster-

Scots language.

Staff and

Administrative

Practices

Guidance will be offered to receptionists

and telephonists so that they will be

able to respond appropriately to

enquiries in Ulster-Scots.

Year 1

Translation, correction and proof-

reading services will be made available

to all staff and external providers of

these services will be quality-assured.

Year 1 – Year 4

Ulster-Scots language awareness

classes will be available as part of an in-

service training programme for staff who

wish to avail of it.

Year 1 – Year 4

Visibility of Ulster-

Scots

Linkages between Ulster-Scots

language and/or Ulster Scots Language

groups will be promoted

Year 1 – Year 4

Ulster-Scots language text will be

increasingly incorporated into Mid Ulster

District Council’s website.

Year 1 – Year 4

Use of Council facilities for Ulster-Scots

language sessions will be permitted

Year 1 – Year 4

Appendix II - Relevant Legislation and Guidance

The European Charter for Regional or Minority Languages

The European Charter for Regional or Minority Languages (Part 2 – applies to Ulster-

Scots Language and Irish Language), within the territories in which such languages are

used and according to the situation of each language, requires Parties to base their

policies on:

The need for resolute action to promote regional or minority languages in order to

safeguard them; and

Facilitation and/or encouragement of the use of regional or minority languages in

speech and writing in private and public life.

Part II of the Charter highlights the need to base policies, legislation and practice on the

principles of recognising, promoting and encouraging the use of Ulster-Scots to preserve

and safeguard the language. Part II of the Charter places the onus on the Council to

proactively encourage the use of the Ulster-Scots language in speech and writing in

private and public life.

The Belfast Agreement (1998)

The Belfast Agreement (1998) under section ‘Rights, Safeguards and Equality of

Opportunity: Economic, Social and Cultural Issues’ also makes reference to Ulster-Scots.

Paragraph 3:

“3. All participants recognise the importance of respect, understanding and tolerance in

relation to linguistic diversity, including in Northern Ireland, the Ulster-Scots language,

Ulster-Scots and the languages of the various ethnic communities, all of which are part of

the cultural wealth of the island of Ireland.”

Following the signing of The Belfast Agreement (1998) an Ulster-Scots language body was

created; tha Boord o Ulstèr-Scotch which seeks to "promote the study, conservation and

development of Ulster-Scots as a living language; to encourage and develop the full range

of its attendant culture; and to promote an understanding of the history of the Ulster-Scots

people”.

In 2003 the British and Irish Governments released a Joint Declaration as part of a move

towards the re-establishment of devolution. The Governments stated that they intended to

expand on the commitments given to Ulster-Scots within The Belfast Agreement (1998)

“The British Government… will also take steps to encourage support to be made available

for an Ulster-Scots academy”.

Northern Ireland (St Andrew’s Agreement) Act 2006

Additional provisions were made for Ulster-Scots in the St Andrew’s Agreement – Annex

B, in which it states:

“The Government firmly believes in the need to enhance and develop the Ulster-Scots

language, heritage and culture and will support the incoming Executive in taking this

forward”

European Charter on Human Rights

The NI Human Rights Commission has advised that, from a human rights perspective, it is

difficult to see any legitimate grounds for objecting to a minority language being promoted

by an employer or, more generally, a public body.

On broader issues, the Commission has drawn attention to the fact that there is no “right to

be offended” by another party exercising a right. This is a general principle of freedom of

expression (ECHR Article 10) which can be read in conjunction with ECHR Article 14 on

non-discrimination on grounds that include language.

The Commission has advised that the right to use a regional or minority language in

private and public life is an inalienable right conforming to the principles embodied in the

United Nations International Covenant on Civil and Political Rights (ICCPR), and according

to the spirit of the Council of Europe Convention for the Protection of Human Rights and

Fundamental Freedoms.

The Commission has concluded that official acknowledgement of a minority language

cannot constitute a violation of the rights of those who do not use that language.

DCAL Consultative Document 2012 – Draft Strategy for Ulster-Scots

In July 2012 DCAL published a consultative document containing proposals for a strategy

for the Ulster-Scots language, heritage and culture as a key building block under Priority 4

‘Building a Strong and Shared Community’ in the Executive’s Programme for Government

2011-2015. There was a consultation period lasting for 20 weeks, from Wednesday 11

July until Tuesday 27 November 2012. The results of the consultation are not yet

available.

The purpose of this public consultation was to seek views and feedback on the content of

the draft Ulster-Scots language, heritage and culture strategy, which includes aims,

objectives and areas for action to proactively protect, enhance and develop the Ulster-

Scots language, heritage and culture.

The key aims of the draft strategy are to:

Create a framework where the Ulster-Scots language, heritage and culture can

flourish and be shared and enjoyed;

Protect and support the development and learning the Ulster-Scots language,

heritage and culture; and

Promote wider understanding and recognition of the Ulster-Scots language,

heritage and culture.

The draft strategy has the following objectives:

Increase educational provision of all aspects of Ulster-Scots language, heritage and

culture;

Increase access to Ulster-Scots language media including online material;

Promote the economic benefits of the Ulster-Scots language, heritage and culture;

and

Promote research in relation to the Ulster-Scots language, heritage and culture.

Key areas for action to protect, enhance and develop the Ulster-Scots language, heritage

and culture include Education, Media, Use of Language, Public Services, Culture.

Mid Ulster Northern Ireland No. % No. %

Male 69,362 50.05 887,323 49.00

Female 69,228 49.95 923,540 51.00

Appendix 2 CENSUS DATA ON THE POPULATION OF MID ULSTER DISTRICT

TOTAL RESIDENTS: 138,590 TOTAL HOUSEHOLDS: 47,772 Religious belief (religion or religion brought up in) Mid Ulster Northern Ireland No. % No. %

Catholic 88,375 63.77 817,385 45.14

Protestant & other Christian (including Christian related)

46,372 33.46 875,717 48.36

Other religion 690 0.50 16,592 0.92

None 3,153 2.28 101,169 5.59

National identity (Note: respondents could indicate more than one national identity) Mid Ulster Northern Ireland No. % No. %

British 45,022 32.49 876,577 48.41

Irish 53,772 38.80 513,390 28.35

Northern Irish 40,667 39.34 533,085 29.44

Country of birth Mid Ulster Northern Ireland No. % No. %

Northern Ireland 123,212 88.90 1,608,853 88.84

Great Britain 4,053 2.93 82,724 4.56

Republic of Ireland 2,250 1.62 37,833 2.09

Other EU prior to 2004 expansion

945 0.68 9,703 0.54

Other EU after 2004 expansion

5,850 4.22 35,704 1.97

Other 2,280 1.65 36,046 1.99

Note: Eight countries joined the European Union in May 2004: the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia.

Age Mid Ulster Northern Ireland No. % No. %

Under 16 31,962 23.06 379,323 20.95

16-24 17,957 12.95 227,634 12.57

25-44 40,098 28.93 498,046 27.50

45-64 31,192 22.51 442,140 24.42

65-84 15,348 11.07 232,324 12.83

85+ 2,043 1.48 31,396 1.73

Gender

Mid Ulster Northern Ireland No. % No. % Households with dependent children

18,626 38.99 238,094 33.86

Lone parent households with dependent children

3,485 7.30 63,921 9.09

People providing unpaid care

12,821 10.69 213,980 11.82

Mid Ulster Northern Ireland No. % No. %

White 136,485 98.48 1,778,449 98.21

Chinese 270 0.19 6,303 0.35

Irish Traveller 258 0.19 1,301 0.07

Indian 173 0.12 6,198 0.34

Pakistani 23 0.02 1,091 0.06

Bangladeshi 6 - 540 0.03

Other Asian 198 0.14 4,998 0.28

Black Caribbean 21 0.02 372 0.02

Black African 199 0.14 2,345 0.13

Black Other 256 0.18 899 0.05

Mixed 396 0.29 6,014 0.33

Other 305 0.22 2,353 0.13

Disability Mid Ulster Northern Ireland No. % No. %

Disability / long term health problem

26,870 19.39 374,646 20.69

No disability / long term health problem

111,720 80.61 1,436,217 79.31

Dependents

Political opinion The elections to Mid Ulster District Council in May 2014 indicated the following pattern of political opinion:

Party Votes cast % of total vote Seats gained Sinn Féin 22,587 41.0 18

SDLP 7,600 13.8 6

DUP 9,723 17.6 8

UUP 9,573 17.4 7

Independent 2,689 4.9 1

TUV 2,380 4.3 0

Alliance 350 0.6 0

UKIP 195 0.4 0 Source: www.ark.ac.uk/elections/ Ethnic group

http://www.ark.ac.uk/elections/

Sexual Orientation The Rainbow Project estimates that, on the basis of national and international research, 1 in 10 people in Northern Ireland would not identify as being heterosexual

Appendix 3 – Consultees

1. Action on Hearing Loss

2. Age UK – Northern Ireland

3. An Tearman

4. Aware NI

5. Barnardos

6. British Deaf Association

7. Cara-Friend

8. Carer’s & Friends Mentally Handicapped

9. Carer’s National Association NI

10. Child Care NI

11. Children’s Law Centre

12. Children in Need

13. Citizens Advice

14. CINI

15. Chinese Welfare Association

16. Coalition on Sexual Orientation

17. Committee on the Administration of Justice

18. Community Disabled & Retired Association

19. Community Foundation Northern Ireland

20. Community Relations Council

21. Contact Northern Ireland

22. Cookstown Benefits Uptake Campaign

23. Cookstown Chamber of Commerce

24. Cookstown PCSP

25. Cookstown Enterprise Centre

26. Cookstown St Vincent de Paul

27. Cookstown Clergy

28. Co-Operation Ireland

29. COSTA

30. CWSAN

31. Council for the Homeless Northern Ireland

32. Cruse Bereavement Care (NI)

33. Democratic Unionist Party

34. Disability Action

35. Down’s Syndrome Association

36. Dungannon SVDP

37. Dungannon Art Disability Stakeholder Forum

38. Dungannon Vineyard

39. Dungannon Churches Forum

40. Dungannon Clergy Forum

41. Dungannon First Steps Women’s Group

42. Dungannon & Cookstown Women’s Aid

43. Dungannon STEP Migrant Forum

44. Dungannon Clergy Forum

45. Dungannon LARG Disability Group

46. Dungannon Youth Forum

47. Dungannon Regeneration Partnership

48. Early Years

49. Employer’s for Disability NI

50. Employers for Childcare

51. Equality Coalition

52. Equality Commission for Northern Ireland

53. Equality Forum NI

54. Foster Care Support Group

55. Foras na Gaelige

56. Gay Lesbian Youth NI

57. General Consumer Council

58. Gingerbread NI

59. GMB

60. Guide Dogs for the Blind Association

61. Housing Rights Service

62. Information Commissioners Office

63. Irish Congress of Trade Unions

64. Law Centre NI

65. Lesbian Advocacy Services Initiative

66. Lesbian Line

67. Local Government Staff Commission

68. Loup Women’s Group

69. Mencap

70. Men’s Action Network

71. Mid-Ulster Women’s Network

72. Mind Wise

73. Muslim Family Association NI

74. National Children’s Bureau

75. NIACRO

76. NIPSA

77. Northern Ireland Anti-Poverty Network

78. NIAMH

79. NICCY

80. ICTU

81. NICEM

82. NICVA

83. Northern Ireland Dyslexia Association

84. Northern Ireland Human Rights Commission

85. NIPSA

86. Northern Ireland Youth Forum

87. NSPCC NI

88. OFMDFM – Equality Unit

89. Older People’s Advocate

90. Parents Advice Centre

91. Parents & Professionals & Autism

92. Participation Network

93. Playboard

94. Play NI

95. Polish Association NI

96. Praxis Care

97. Probation Board Northern Ireland

98. Queer Space

99. Rainbow Project

100. Royal National Institute for Blind

101. Royal National Institute for Deaf People

102. Rural Community Network

103. Rural Development Council

104. Samaritans

105. Save the Children

106. Sense NI

107. Simon Community

108. Sinn Féin

109. Social Democratic and Labour Party

110. Sperrins Tourism Ltd

111. Talking Newspaper Association

112. The Cedar Foundation

113. Traveller’s Movement NI

114. Ulster Scots Agency

115. Ulster Supported Employment Ltd

116. Ulster Unionist Party

117. UNISON

118. Unite

119. Victim Support NI

120. Volunteer Now

121. William Keown Trust

122. Women into Politics

123. Women’s Resource and Development Agency

124. Women’s Support Network

125. Women’s Network NI

126. Women’s European Platform

127. Women’s Aid NI

128. Youth Action

129. Youth Council for Northern Ireland

130. Youth Link Northern Ireland

131. Youth Net

132. Youth Forum NI

133. Ballymoney Ancestry

134. The Institute of Ulster Scots Studies

135. Arts Council of Northern Ireland

136. North South Ministerial Council

137. Culture Northern Ireland

138. Northern Ireland Tourist Board

139. Ulster Historical Foundation

140. Department of Arts, Heritage and the Gaeltacht

141. Ulster Scots Community Network

142. Scots Language Centre

143. BBC Ulster Scots

Documents

Equality Impact Assessment of the Draft Ulster Scots ... · The draft Ulster Scots Language Policy, which is attached at Appendix 1, sets out the background to the policy. It makes